Winners and Losers: Fallout from KKR’S Race for Profit Contents
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Winners and Losers: Fallout from KKR’s Race for Profit Contents Introduction ......................................................................................5 The U.S. Economy .............................................................................9 The KKR Workforce ........................................................................13 Consumers .....................................................................................17 Environment ...................................................................................23 Conclusion .....................................................................................27 Appendices ....................................................................................28 Endnotes ........................................................................................32 Introduction KKR’s Race for Profit 5 Winners and Losers: Fallout from KKR’s Race for Profit The buyout industry and its harmful practices are receiving greater scrutiny as Americans struggle with a growing sense of anxiety over the state of the economy and the expanding income gap between the richest 10th of Americans and those in the middle class. How does the buyout industry’s “see no evil, accept no responsibility” approach to business really impact Main Street America? With hundreds of thousands of employees, KKR portfolio companies together employ one of the largest private workforces of any U.S.-based firm. While recent reports have focused on the net job loss resulting from leveraged buyouts, there is an additional untold story about the impact of the private equity business model on the rest of the community. A brief look at the record of KKR portfolio companies of investors skilled in manipulating the tax code.”4 over the years on a number of vital issues raises Holland estimated that RJR Nabisco paid $893 million real concerns about the long-term effects of the in taxes for the year it was bought out, received $222 buyout industry on our nation’s economic health, the million in refunds the following year, and paid just $60 environment, the safety of the products we use every million in taxes for the year after that.5 day, and employees’ basic civil rights. Having perfected the play on the RJR Nabisco deal, There is no doubt that KKR is a big winner in the high KKR has since sought to replicate its success. stakes games for profits. In the last years, Fortune Because companies deduct the interest on debt magazine’s estimate of Henry Kravis’s personal fortune taken on during the buyout process, private equity has grown from $2.6 billion in 20061 to $5.5 billion portfolio companies often pay little to no corporate in 2007.2 The real question before us is; if KKR is the income tax. While hard numbers are sometimes biggest winner, who is the biggest loser. hard to wrangle out of the buyout industry, a quick look at the tax implication of two deals paints a very Losers: Taxpayers disturbing picture. According to an initial analysis Debt lies at the very core of the highly profitable buyout using conservative assumptions, we estimate that game. KKR has the companies it is going to buy borrow the government could lose up to $1.2 billion in a large portion of the money necessary to finance the tax revenue during the expected period of KKR’s purchase, frequently tripling the debt of the companies investment in SunGard and Biomet. it buys. The tax code allows those companies to then deduct the interest on that debt off their taxes, KKR has also invested heavily to defend the tax code frequently reducing their income tax obligation to almost it has so skillfully mastered. In 2007, the firm paid nothing. According to a recent Wall Street Journal more than $2 million for lobbying on Capitol Hill, report, corporate loans like those used to finance including lobbying to fight legislation in Congress that buyouts, together with other types of debt issued in could result in closing tax loopholes. recent years, collectively “threaten to deepen the financial system’s wounds and create a growing pileup Losers: Workers of shaky assets on the books of banks.”3 Workers have faced some very real and dangerous issues at KKR portfolio companies. While much debate • Shrinking tax bills. In The Washington Post, Max has focused on layoffs by private equity firms, not much Holland described KKR’s skilled use of debt to lower attention has been paid to the other problems faced by taxes in the RJR Nabisco deal as a “gigantic transfer workers at KKR-controlled companies. KKR portfolio of wealth from the U.S. Treasury to a small group firms have faced claims of racism and sexism and 6 KKR’s Race for Profit problems with worker safety standards. • Safety standard violations. KKR portfolio company Toys “R” Us has repeatedly been cited for occupational health and safety standard violations, and at least one worker was even killed at a Toys “R” Us facility. • Accusations of discrimination. Workers have brought class action lawsuits against multiple KKR- owned companies for alleged pay and promotion discrimination on the basis of race and gender. In October 2007, Willis Group Holdings announced that it had agreed to pay $8.5 million to current and former female employees to settle a class action lawsuit, filed in 2001, alleging pay and promotion discrimination against women between 1998 and 2001.6 Another sex discrimination case filed in 2006 by female executive Adrianne Cronas, who served as vice president, senior vice president, and executive vice president alleges “systemic” discrimination analysis showing that the KKR-owned Weekly Reader, a current affairs newsletter distributed U.S. schools, against female employees.7 was “less likely [than competitor Scholastic News] Losers: Consumers to mention short-term consequences of smoking or KKR portfolio companies employ more than 800,000 to give a clear ‘don’t use’ message, but was more people around the world—one of the largest private likely to present the tobacco industry position on key 10 workforces when compared to other U.S.-based firms, issues.” second only to Wal-Mart. We can buy our toys at a Losers: The Environment Toy’s “R” Us or Dollar General, and in Europe we can fill While going “green” is the latest fad for many U.S. our prescriptions at Boots. Yet, many products sold at corporations, KKR portfolio companies have bucked KKR portfolio company stores have had to be recalled the trend and instead stand accused of industrial due to safety concerns; others have been improperly pollution and a lack of transparency when it comes to and illegally marketed, with potentially dangerous environmental impact. consequences; and a KKR portfolio company has even gone so far as to use a youth-friendly cartoon in a • Industrial emissions. In 2005 and 2006, state marketing campaign for cigarettes. regulators found higher than average levels of trichloroethylene (TCE), a degreaser often used in • Tainted toys. Toys “R” Us and Dollar General had industrial applications, in Montgomery County, Pa., air to pull hundreds of thousands of lead-contaminated due to industrial emissions.11 Regulators identified children’s products from store shelves in 2007. Accellent and Superior Tube sites as sources for the According to news reports and the web site of the TCE, and in light of the test results, Accellent agreed Consumer Product Safety Commission (CPSC), in the to take some belated steps in an attempt to reduce two and a half years following the July 2005 buyout its emissions. According to a news report, Accellent of Toys “R” Us and Babies “R” Us by KKR, Bain, and ranked eighth, nationally, in TCE emissions in 2005, Vornado, at least 391,435 products sold or intended the last year on record at the time of the report.12 for sale exclusively at Toys “R” Us or Babies “R” Us stores have been pulled from the shelves, more • Potentially hazardous products. KKR portfolio than five times as many as the 74,700 products sold company Rockwood Holdings, or its affiliates, have exclusively at their stores that were recalled in the sold wood treated with chromated copper arsenate two and a half years prior to the buyout.8 (CCA), a chemical whose use has reportedly been severely restricted or even banned in wood in • Disturbing synergies. After KKR invested in RJR countries ranging from Germany to Vietnam to Nabisco, the company continued its cartoon Joe Indonesia.13 Meanwhile, Rockwood and Rockwood Camel ad campaign, which reportedly made Camel affiliates have spent hundreds of thousands of dollars 9 cigarettes more appealing to a younger market. lobbying federal agencies to protect their interests. Meanwhile, a study authored by a professor affiliated with the Harvard School of Public Health cited 8 In Demand and Falling Short The U.S. Economy KKR’s Race for Profit 9 Debt lies at the very core of the highly profitable buyout game. KKR has the companies it is going to buy borrow a large portion of the money necessary to finance the purchase, frequently tripling the debt of the companies it buys. The tax code allows those companies to then deduct the interest on that debt off their taxes, frequently reducing their income tax obligation to almost nothing. At the same time, some of these companies enjoy the benefits of lucrative government contracts. And, according to a recent Wall Street Journal report, corporate loans like those used to finance buyouts, together with other types of debt issued in recent years, collectively “threaten to deepen the financial system’s wounds and create a growing pileup of shaky assets on the books of banks.”14 KKR Wins Big, But At What Cost ownership as a result of the LBO To Taxpayers? $798 and the tax treatment of private MILLION equity deals. All the while, Biomet KKR profits may come at the expense of American also receives revenue from federal taxpayers. Because of debt taken as part of the contracts. In 2006, Biomet won more than $1.5 buyout process, KKR portfolio companies pay little to million in federal contracts.17 [See Appendix 2 for tax no corporate income taxes, but then some of these same companies collect millions of taxpayer dollars as calculation, assumptions, and methodology.] government contractors.